Pursuant to an action wherein Takeda Canada Inc. (“Takeda”) alleges that Apotex Inc. (“Apotex”) has infringed Canadian Patent No. 2,570,916 (the “916 Patent”), Takeda brought a motion for reply evidence under s.6(1) of the PMNOC Regulations. Takeda sought leave to have its expert, Dr. Timko, provide reply evidence to an expert report produced by Apotex’s experts, Dr. Rowlings and Dr. Davies.